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California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns by John E Dannenberg California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns by John E. Dannenberg Sacramento, California attorney Richard Hale Dangler, Jr. was assessed $46,750 by the California Court of Appeal and forced to resign …
Article • May 15, 2007
Certified Court Records Not Hearsay by Brian Benefiel was released from the Washington State prison system after serving a sentence for attempted second degree assault. He didn't report to his supervising community corrections officer, for which he was arrested and charged with escape from community custody. A certified copy of …
FBI Not Liable for Wrongful Incarceration of Federal Prisoner for Eight Years by The United States Court of Appeals for the First Circuit dismissed former federal prisoner Frank Boldoc's civil rights complaint for eight years of wrongful incarceration. Boldoc and another former federal prisoner, Francis Larkin, filed this claim under …
Article • May 15, 2007
California Habeas Corpus Proper Remedy to Challenge Work Assignment Restriction, But not to Award Back Pay by California Habeas Corpus Proper Remedy to Challenge Work Assignment Restriction, But not to Award Back Pay California's Second District Court of Appeals held a habeas corpus petition is the proper remedy for a …
Article • May 15, 2007
Filed under: Sentencing, Good Time, Probation
California: Knowing Waiver of Conduct Credits at Plea Agreement Controls Upon Later Probation Violations by John E Dannenberg The California Supreme Court held in two companion decisions that when a prisoner enters into a no-prison-time probation deal at sentencing involving a waiver of either pre-sentence or future conduct credits, if …
Article • May 15, 2007
Escape Begins When Prisoner Departs Custody by The court of appeals for the Ninth circuit held that for U.S. Sentencing Guidelines purposes, an "escape" begins when a federal prisoner departs lawful custody with the intent to evade detection. The case involves a BOP prisoner who walked away from a prison …
Jail Liable for Distress Caused by Hostage Training by The defendants created a training exercise intended to prepare jailers for a hostage situation, and did entirely too good a job of it, according to the plaintiff jailers. They enlisted two probationary jailers to play inmates. They were allowed into the …
Texas Rioting Infraction Upheld by The plaintiff was found guilty at a disciplinary hearing of participating in a prison riot and sentenced to 10 years' loss of good time among other things. The court notes that whether there is a liberty interest in good time in Texas is undecided, but …
Article • May 15, 2007
Law Library Denial Didn't Prevent Habeas Filing by The petitioner failed to file his state post-conviction relief petition timely, so claims not raised on direct appeal are procedurally defaulted. At 984: Petitioner alleges that acts of the State, in keeping him from the law library for a time and confiscating …
Exhaustion Required for Retaliatory Transfer Claim by The plaintiff complained that after he won a lawsuit for the denial of a liver transplant, he became the object of a blitz of disciplinary reports and was then transferred to a maximum security prison. The district court dismissed for nonexhaustion. The court …
Article • May 15, 2007
Probation Revoked Despite Lack of Mental Health Treatment by In revoking the defendant's probation, the court said that he should receive psychiatric counseling, and also said it realized that local facilities for that purpose were nonexistent. The defendant now argues that his probation should therefore have been continued. At 302: …
Article • May 15, 2007
Filed under: Sentencing, Parole
No Liberty Interest in NY Parole Laws by There is no liberty interest in the possibility of parole release in New York, since the statutes and regulations do not require parole unless specified conditions are found to exist. Nor do parole procedures violate the Ex Post Facto Clause, since that …
CA Attorney General May be Sanctioned for Lying in Prison Case by A defense attorney in prison litigation who made reckless misstatements of law or fact could be sanctioned under the court's inherent powers when recklessness was combined with frivolousness, harassment, or improper purpose. Here, a conditional habeas judgment said …
Confession Not Linked to Tasering by The plaintiff's allegation that while in jail in Gwinnett county awaiting trial he was held in solitary confinement, shocked with a stun gun, and denied a shower for three months did not render his confession involuntary because he did not show a causal relationship. …
Article • May 15, 2007
NM Jailers Entitled to Qualified Immunity for Not Releasing Prisoner by The plaintiff obtained an order stating that he should be released from the Taos County Adult Detention Center; however, by then he was at the Bernalillo County Detention Center. Officials at the latter were entitled to qualified immunity for …
Parole Condition Banning Pornography Too Vague by The defendant, convicted of possessing child pornography, was forbidden as a condition of post-incarceration supervised release to possess any pornography, child or otherwise. The court rejects the government's position that the condition isn't ripe for judicial review until it is enforced, since it …
Parole Board Can Consider Dismissed Sex Offenders by The plaintiff's sex offense charge had been dismissed as part of a plea bargain, with the parole board forbidden to consider it. Seventeen years later, prison staff classified him as in need of sex offender treatment. He was paroled and then his …
Class Certification Denied in Delay of Probable Cause Hearings Suit by The plaintiffs (196 of them) sought to represent a class of persons arrested without prior probable cause determinations challenging failure to provide timely probable cause hearings. The Supreme Court has said that generally, probable cause hearings should occur within …
Article • May 15, 2007
AEDPA Time Limit Runs from Date of Hearing, Tolled During Exhaustion by The petitioner lost good time in a disciplinary proceeding and sought habeas relief. The one-year statute of limitations of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) began to run on the date of the disciplinary …
Article • May 15, 2007
Forbidding Prison Nurse From Leaving Work States False Imprisonment by The plaintiff prison nurse alleged that, while suffering from a severe bout of poison ivy and trying to leave for medical treatment, she was "held hostage" by her supervisor and prevented from leaving the premises. The supervisor, by instructing an …
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